920-294-1414
Safety Agency Recommends Lower BAC Limit For Impaired Driving There Can Only Be One Best DUI Law Firm

Safety agency recommends lower BAC limit for impaired driving

A bill introduced in the Wisconsin State Legislature would create more serious consequences for those who are convicted of intoxicated snowmobiling.

The National Transportation Safety Board recently issued a recommendation that all 50 states modify their impaired driving laws to substantially reduce the amount of alcohol that a driver may have in his or her system while operating a motor vehicle. Under the existing law in Wisconsin and every other U.S. state, it is a crime to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 or above. The NTSB recommends reducing the legal BAC limit to just 0.05.

Recommendation draws mixed response

Advocates of the proposed change say that lowering the impaired driving threshold could help save lives, but opponents criticize the recommendation as ineffective and unnecessarily punitive to those who drink in moderation.

In support of its recommendation, the NTSB says that current DUI laws don't go far enough toward keeping drivers off the road when they are impaired by alcohol, because some drivers may be affected by alcohol even when their BACs are below the current limit of 0.08. For instance, according to the NTSB, some drivers with a BAC of 0.05 may experience decreased depth perception and other visual impairments, while cognitive impairment may start to appear in some drivers at a BAC of 0.07.

On the other hand, those who oppose lowering the BAC limit to 0.05 say that it would punish drivers who drink responsibly and would do nothing to reduce the number of highly intoxicated drivers on the road. According to the National Beverage Institute, a group that opposes the recommendation, more than 70 percent of fatal DUI crashes in the U.S. involve drivers with a BAC of at least 0.15 - nearly twice the current legal limit, and three times the limit proposed by the NTSB.

No new laws in store yet

The NTSB is a federal agency dedicated to investigating and making recommendations on safety issues related to transportation in the United States. However, it has no lawmaking authority. Therefore, individual states are able to choose whether to pass new laws incorporating the NTSB's recommendations.

The last time the BAC threshold changed on a national scale was when the legal limit for intoxication was reduced from 0.10 to 0.08. According to an NBC report, it took 21 years for all states to make the transition, and the last state did so in 2004.

A spokesman for the Governor's Highway Safety Association, which supports current BAC limits, said that the organization does not expect any states will lower their intoxication thresholds to reflect the NTSB's recommendation.

Wisconsin DUI law

In Wisconsin, a driver can be arrested and charged with impaired driving even if his or her BAC is below the 0.08 limit. Wisconsin state law prohibits operating a motor vehicle while "under the influence" of alcohol or other intoxicants, which is defined as having a reduced ability to operate a vehicle safely because of the effects of alcohol or other drugs - regardless of BAC level. In addition, for Wisconsin drivers with three or more prior DUI convictions, a lower BAC limit of 0.02 applies.

The consequences of DUI conviction in Wisconsin can be steep, particularly for repeat DUI offenses or those involving injuries or death of another person. People arrested for DUI in Wisconsin should contact an attorney at their earliest opportunity to help protect their legal rights and defend against any charges that may arise.

Contact the lawyers at Melowski & Singh, in Sheboygan, to schedule an appointment by calling 920-294-1414.

Not Just Representation, But Results

We Always Pursue the Best Possible Outcome for Our Clients
  • First OWI With .12 Blood Test Result Case Dismissed
  • Third OWI With .23 Blood Test Result Case Dismissed
  • First OWI With .106 Blood Test Result Not Guilty
  • Third OWI With .20 blood test result Case Dismissed
  • Third OWI With .186 blood test result Charges Reduced
  • Second OWI Offense Charge Reduced
  • Third OWI Offense Charges Reduced
  • First OWI With .108 Blood Test Result Charge Reduced
  • First OWI Offense Charge Reduced
  • Third OWI Offense Charge Reduced
  • Second OWI Offense Not Guilty
  • First OWI With .20 Blood Test Result
  • Dismissal of all Charges
  • CDL Client's Career is Saved Charge Reduced
  • First OWI Offense Charges Amended
  • OWI - Municipal Court Trial Case Dismissed
  • Second OWI Offense Case Dismissed
  • OWI/PAC Amended to Inattentive Driving for Client with Commercial Driver's License Charges Amended
  • First OWI Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI With .198 Blood Test Result Not Guilty
  • First OWI With .13 Blood Test Result Charges Reduced
  • OWI - Homicide Case Not Guilty
  • Fourth OWI Offense Charge Reduced
  • Complete Dismissal of Third OWI Case Dismissed
  • Dennis Melowski Dominates Trial Not Guilty
  • Power Lineman Client First OWI Charge Reduced
  • Second OWI Chemical Test Refusal Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI Offense Case Dismissed
  • Sixth OWI Offense Charge Reduced
  • First OWI With .166 Blood Test Result Charge Reduced
  • Prescription Drugs OWI Charge Reduced
  • OWI Reduced to Operating Left of Center Charges Reduced
  • First OWI Offense Charge Reduced
  • Third OWI Offense Case Dismissed
  • Operating Vehicle With a Controlled Substance Not Guilty
  • First OWI With .164 Blood Test Result Charge Reduced
  • Fourth OWI Offense Charge Reduced
  • First OWI With .11 Blood Test Result Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI Offense Charge Reduced
  • Third OWI Offense Charge Reduced
  • Truck Lands in Ditch First OWI Offense Charges Reduced
  • First OWI Offense Charge Reduced
  • Second OWI With .15 Blood Test Result Charge Reduced
  • First OWI Offense Charge Reduced
  • First OWI With .13 Blood Test Result Charge Reduced
  • Possession of THC and Paraphernalia Case Dismissed
  • First OWI Offense Case Dismissed
  • First OWI With .13 Blood Test Result Charge Reduced
  • CDL Refuses Chemical Test Charges Reduced
  • Landmark Win in the Wisconsin Supreme Court for Dennis Melowski Case Dismissed
  • First OWI Chemical Test Refusal Charge Reduced
  • CDL Client With First OWI
  • Third OWI Offense Charge Reduced
  • First OWI With .12 Blood Test Result Charge Reduced
  • First OWI With .166 Blood Test Result Charge Reduced
  • Dismissal of all Charges in Racine County
/

Why Choose Us?

Experience You Can Count On 
  • The Best DUI Defense Firm in the State
  • Over 1,000 DUI Cases Dismissed or Reduced
  • A Record of Success Unlike Any Other DUI Defense Firm
  • Helping People Fight Their DUI Charges Since 1993
  • DUI Defense Is All We Do
  • Personalized Attention on Your Case
Your DUI 
Defense Team

To seek an optimal result in your DUI case, you need the best team to fight the charges. You need a team that develops innovative strategies and delivers aggressive defense. At Melowski & Singh, LLC, we will provide effective counsel throughout your case.

  • Super Lawyers
  • AV Preeminent
  • AVVO 10.0
  • Avvo Client's Choice
  • ATLA
  • Newsweek Criminal Defense
  • Newsweek Trial Lawyer

Put Your DUI Behind You

Schedule a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.